New Section 1. (a) Any licensee or permit holder required to be
licensed or obtain a permit under the Kansas pet animal act, who is
in the process of ceasing to do business on July 1, may be issued a
temporary closing permit at the discretion of the commissioner.

(b) Application for such permit shall be made in writing on a
form provided by the commissioner.

(c) The permit will be effective for 30 days. During the 30-day
period, the licensee or permit holder shall be required to comply
with the Kansas pet animal act and all rules and regulations
adopted thereunder. By ac- cepting such permit, the licensee or
permit holder agrees to allow an inspection of the facility at the
end of the 30-day period to certify that the operation has ceased
business. The licensee or permit holder shall provide records as to
the disposition of the animals to the commissioner upon
request.

(d) The permit may be renewed, at the discretion of the commis-
sioner, for an additional 30-day period.

(e) This section shall be part of and supplemental to the Kansas
pet animal act.

New Sec. 2. (a) It shall be unlawful for any person to act as or
be an animal breeder unless such person has obtained from the
commissioner an animal breeder license for each animal breeder
premises operated by such person. Application for each such license
shall be made in writing on a form provided by the commissioner.
The license period shall be for the license year ending on June 30
following the issuance date.

(b) This section shall be part of and supplemental to the Kansas
pet animal act.

New Sec. 3. (a) It shall be unlawful for any person to act as or
be an out-of-state distributor of dogs or cats, or both, within the
state of Kansas unless such person has obtained from the
commissioner an out-of-state distributor permit. Application for
each such permit shall be made in writing on a form provided by the
commissioner. The permit period shall be for the permit year ending
on June 30 following the issuance date.

(b) This section shall be part of and supplemental to the Kansas
pet animal act.

New Sec. 4. (a) A licensee, permittee or applicant for a license
or permit shall not interfere with, hinder, threaten or abuse,
including verbal abuse, any representative or employee of the
animal health department who is carrying out such representative's
or employee's duties under the provisions of the Kansas pet animal
act.

(b) This section shall be part of and supplemental to the Kansas
pet animal act.

New Sec. 5. (a) It shall be unlawful for any person to act as or
be a retail breeder unless such person has obtained from the
commissioner a retail breeder license for each retail breeder
premises operated by such person. Application for each such license
shall be made in writing on a form provided by the commissioner.
The license period shall be for the license year ending on June 30
following the issuance date.

(b) This section shall be part of and supplemental to the Kansas
pet animal act.

(a) ``Adequate feeding'' means supplying at suitable intervals
(not to exceed 24 hours) of a quantity of wholesome foodstuff,
suitable for the animal species and age, and sufficient to maintain
a reasonable level of nutrition in each animal.

(b) ``Adequate watering'' means a supply of clean, fresh,
potable wa- ter, supplied in a sanitary manner and either
continuously accessible to each animal or supplied at intervals
suitable for the animal species, not to exceed intervals of 12
hours.

(f) (1) ``Animal dealerbreeder premises'' means any premises where all or part
of six or more litters of dogs or cats, or both, or 30 or
more dogs or cats, or both, are sold, or offered or maintained
for sale, primarily at wholesale for resale to another.

(2) Animal dealer premises does not include: (A) Any
pound, no-kill shelter or animal shelter; or (B) any premises
described in subsection (m)(1).

(g) ``Animal shelter'' or ``pound'' means a facility
which is used for the purpose of impounding or
harboringor designed for use to house, contain,
impound or harbor any seized stray, homeless,
relinquished or abandoned animal and which is owned,
operated or maintained by a duly incorporated humane society,
animal welfare society, society for the pre- vention of cruelty to
animals or other nonprofit corporate organizations devoted to the
welfare, protection and humane treatment of animalsor
a person who acts as an animal rescuer, or who collects and cares
for unwanted animals or offers them for adoption. Animal shelter or
pound also includes a facility of an individual or organization,
profit or non- profit, maintaining 20 or more dogs or cats, or
both, for the purpose of collecting, accumulating, amassing or
maintaining the animals or offering the animals for
adoption.

(h) ``Cat'' means an animal which is wholly or in part of the
species Felis domesticus.

(i) ``Commissioner'' means the livestock commissioner appointed
by the Kansas animal health board.

(j) ``Dog'' means any animal which is wholly or in part of the
species Canis familiaris but does not include any greyhound,
as defined by K.S.A. 74-8802 and amendments thereto.

(k) ``Dog warden''``Animal control
officer'' means any person em- ployed by, contracted with or
appointed by the state, or any political subdivision thereof, for
the purpose of aiding in the enforcement of this law, or any other
law or ordinance relating to the licensing or permitting of
animals, control of animals or seizure and impoundment of animals,
and includes any state, county or municipal law enforcement
officer, an- imal control officerdog
warden, constable or other employee, whose du- ties in whole or
in part include assignments which involve the seizure or taking
into custody of any animal.

(l) ``Euthanasia'' means the humane destruction of an animal,
which may be accomplished by any of those methods provided for in
K.S.A. 47- 1718 and amendments thereto.

(m) (1) ``Hobby kennelbreeder premises'' means any premises where
onlyall or part of 3, 4 or 5 litters of
dogs or cats, or both, which are produced
and raised on such premises arefor sale or
sold, or offered or maintained for sale,
by a person who resides on such premises, but only if the total
number of dogs or cats, or both, which are produced and raised on
such premises and are sold during the registration year is fewer
than all or part of six litters of animals or. This
provision applies only if the total number of dogs or cats, or
both, sold, offered or maintained for sale is less than 30
individual animals, whichever is less, whether such animals
are dogs or cats, or both.

(2) Hobby kennel does not include: (A) Any pound,
no-kill shelter or animal shelter; or (B) any premises where fewer
than all or part of three litters of animals, whether dogs or cats,
or both, are sold during the reg- istration year.

(o) ``Housing facility'' means any room, building or area used
to con- tain a primary enclosure or enclosures.

(p) (1) ``Kennel operator'' means any person
who operates an estab- lishment where animalsfour or more dogs or cats, or both, are maintained in any
one week for boarding, training or similar purposes for
a fee or compensation.

(2) Kennel operator does not include an ``animal
dealer,'' ``pet shop'' or ``hobby kennel'' or any person on whose
premises there are maintained, fewer than four dogs or cats, or
both, in any one week.

(r) ``License year'' or ``registration year''``permit year'' means the 12- month period ending on June
30.

(s) ``No-kill shelter'' means a facility where 20 or
more dogs or cats, or both, are maintained for the purpose of
collecting, accumulating, amassing or maintaining the animals, or
offering the animals for adoption. A no-kill shelter is a shelter
that does not prescribe to euthanasia of un- wanted
animals.

(u)(1) ``Pet shop'' means any premises
where there are sold, or of- fered or maintained for sale, at
retail and not for resale to another: (A) Any dogs or cats, or
both; or (B) any other animals except those which are produced and
raised on such premises and are sold, or offered or maintained for
sale, by a person who resides on such premises.

(2) Pet shop does not include: (A) Any pound, no-kill
shelter or ani- mal shelter; (B) any premises where only fish are
sold, or offered or maintained for sale; or (C) any animal dealer
premises, or any premises described in subsection (m)(1), where the
only animals, other than dogs or cats, which are sold, or offered
or maintained for sale, are animals which are produced and raised
on such premises and are sold, or offered or maintained for sale,
by a person residing on such premises

(t) (1) ``Pet shop'' means any premises where there are sold,
or offered or maintained for sale, at retail and not for resale to
another:

(A) Any dogs or cats, or both; or (B) any other animals
except those which are produced and raised on such premises and are
sold, or offered or maintained for sale, by a person who resides on
such premises.

(2) Pet shop does not include: (A) Any pound or animal
shelter; (B) any premises where only fish are sold, or offered or
maintained for sale; or (C) any animal distributor premises, hobby
breeder premises, retail breeder premises or animal breeder
premises.

(3) Nothing in this section prohibits inspection of those
premises which sell only fish to verify that only fish are being
sold.

(w) ``Pound'' means a facility which is used for the
purpose of im- pounding or harboring any seized stray, homeless or
abandoned animal and which is operated:

(1) By the state or a political subdivision of the
state; or

(2) under contract with any municipality or incorporated
society for the prevention of cruelty to animals.

(x)(v) ``Primary enclosure'' means any
structure used or designed for use to restrict any animal to a
limited amount of space, such as a room, pen, cage, compartment or
hutch.

(y)(w) ``Research facility'' means any
place, laboratory or institution, except an elementary school,
secondary school, college or university, at which any scientific
test, experiment or investigation involving the use of any living
animal is carried out, conducted or attempted.

(z)(x) ``Sale,'' ``sell'' and ``sold''
include transfers by sale or exchange. Maintaining animals for sale
is presumed whenever 20 or more dogs or cats, or both, are
maintained by any person.

(aa)(y) ``Sanitize'' means to make
physically clean and to remove and destroy, to a practical minimum,
agents injurious to health, at such inter- vals as necessary.

(aa) ``Animal distributor premises'' means the premises of
any person engaged in the business of buying for resale dogs or
cats, or both, as a principal or agent, or who holds such
distributor's self out to be so en- gaged.

(bb) ``Out-of-state distributor'' means any person residing
in a state other than Kansas, who is engaged in the business of
buying for resale dogs or cats, or both, within the state of
Kansas, as a principal or agent.

(cc) ``Food animals'' means rodents, rabbits, reptiles, fish
or amphib- ians that are sold or offered or maintained for sale for
the sole purpose of being consumed as food by other
animals.

(dd) (1) ``Adequate veterinary medical care'' means:

(A) A documented program of disease control and prevention,
eutha- nasia and routine veterinary care shall be established and
maintained under the supervision of a licensed veterinarian, on a
form provided by the commissioner, and shall include a documented
on-site visit to the premises by the veterinarian at least once a
year; and

(B) that diseased, ill, injured, lame or blind animals shall
be provided with veterinary care as is needed for the health and
well-being of the animal.

(2) As used in the Kansas pet animal act, ``adequate
veterinary med- ical care'' shall not apply to United States
department of agriculture li- censed animal breeders or animal
distributors.

(ee) ``Ratites'' means all creatures of the ratite family
that not indig- enous to this state, including, but not limited to,
ostriches, emus and rheas.

(gg) ``Retail breeder premises'' means any premises where all
or part of six or more litters or 30 or more dogs or cats, or both,
are sold, or offered or maintained for sale, primarily at retail
and not for resale to another.

(hh) ``Retail'' means any transaction where the animal is
sold to the final consumer.

(ii) ``Wholesale'' means any transaction where the animal is
sold for the purpose of resale to another.

Sec. 7. K.S.A. 47-1702 is hereby amended to read as follows: 47-
1702. Except as otherwise provided by K.S.A. 47-1722, it
shall be unlawful for any person, other than a person licensed
under public law 91-579 (7 U.S.C. (section) 2131 et seq.), to act
as or be an animal dealer unless such person has obtained from the
commissioner an animal dealer license for each animal dealer
premises operated by such person. Except as otherwise provided by
K.S.A. 47-1722, on and after January 1, 1989, It shall be
unlawful for any person licensed under public law 91-579 (7
U.S.C. (section) 2131 et seq.) to act as or be an animal
dealerdistributor unless such person has
obtained from the commissioner an animal dealerdistributor license for each animal dealerdistributor premises operated by such per- son. Application
for such license shall be made in writing on a form pro- vided by
the commissioner. The license period shall be for the license year
ending on June 30 following the issuance date.

Sec. 8. K.S.A. 47-1703 is hereby amended to read as follows: 47-
1703. Except as otherwise provided by K.S.A.
47-1722, It shall be unlaw- ful for any person to act as
or be a pet shop operator unless such person has obtained from the
commissioner a pet shop operator license for each pet shop operated
by such person. Application for each such license shall be made in
writing on a form provided by the commissioner. The license period
shall be for the license year ending on June 30 following the is-
suance date.

Sec. 9. K.S.A. 1995 Supp. 47-1704 is hereby amended to read as
follows: 47-1704. It shall be unlawful for any person to operate a
pound, no-kill shelter or animal shelter, except a
licensed veterinarian who op- erates such pound or animal
shelter from such licensed veterinarian's clinic, unless a
license for such pound, no-kill shelter or shelter
has been obtained from the commissioner. Application for such
license shall be made on a form provided by the commissioner. The
license period shall be for the license year ending on June 30
following the issuance date.

Sec. 10. K.S.A. 47-1706 is hereby amended to read as follows:
47- 1706. (a) The commissioner may refuse to issue or renew or may
suspend or revoke any license or certificate of
registrationpermit required under K.S.A. 47-1701
et seq. and amendments thereto for any one or more of the
following reasons:

(1) Material misstatement in the application for the original
license or certificate of registrationpermit, or in the application for any renewal of a license
or certificate of registrationpermit;

(2) willful disregard of any provision of the Kansas pet
animal dealer act or any rule and regulation
adopted hereunder, or any willful aiding or abetting of another in
the violation of any provision of the Kansas pet animal
dealer act or any rule and regulation adopted
hereunder;

(3) permitting any license or certificate of
registrationpermit issued hereunder to be used by
an unlicensed or unregisteredunpermitted
per- son or transferred to unlicensed or
unregisteredunpermitted premises;

(4) the conviction of any crime, an essential element of
which is mis- statement, fraud or dishonesty, or relating
to the theft of or cruelty to animals;

(5) substantial misrepresentation;

(6) misrepresentation or false promise, made through
advertising, salespersons, agents or otherwise, in connection with
the operation of business of the licensee or
registrantpermittee;

(7) fraudulent bill of sale;

(8) the housing facility or the primary enclosure is inadequate;
or

(9) the feeding, watering, sanitizing and housing practices at
the li- censee's or registrant'spermittee's premises are not consistent with the Kansas
pet animal dealer act or the rules and
regulations adopted hereunder.

(b) Any refusal to issue or renew a license or
certificate of registrationpermit, and any
suspension or revocation of a license or certificate of
registrationpermit, under this section shall be in
accordance with the provisions of the Kansas administrative
procedure act and shall be subject to review in accordance with the
act for judicial review and civil enforce- ment of agency
actions.

(c) Whenever the commissioner denies, suspends or revokes a
license or certificate of registrationpermit under this section, the commissioner or the
commissioner's authorized, trained representatives shall seize and
impound any animals in the possession, custody or care of the
person whose license or certificate of
registrationpermit is denied, suspended or revoked
if there are reasonable grounds to believe that the animals'
health, safety or welfare is endangered. Except as provided by
K.S.A. 21- 4311, and amendments thereto, such animals may be
returned to the person owning them if there is satisfactory
evidence that the animals will receive adequate care by that person
or such animals may be sold, placed or euthanized, at the
discretion of the commissioner. Costs of care and services for such
animals while seized and impounded shall be paid by the person from
whom the animals were seized and impounded, if that person's
license or certificate of registrationpermit is denied, suspended or revoked. Such funds shall be
paid to the commissioner for reimburse- ment of care and services
provided during seizure and impoundment. If such person's license
or certificate of registrationpermit is
not denied, suspended or revoked, the commissioner shall pay the
costs of care and services provided during seizure and
impoundment.

Sec. 11. K.S.A. 47-1707 is hereby amended to read as follows:
47- 1707. (a) In addition to or in lieu of any other civil or
criminal penalty provided by law, the commissioner, upon a finding
that a person has violated or failed to comply with any provision
of the Kansas pet animal dealer act or any
rule and regulation adopted hereunder, may impose on such person a
civil fine not exceeding $1,000 for each violation.

(b) Any imposition of a civil fine pursuant to this section
shall be only upon notice and a hearing conducted in accordance
with the Kansas ad- ministrative procedure act and shall be subject
to review in accordance with the act for judicial review and civil
enforcement of agency actions.

(c) Whenever the commissioner has reasonable grounds to believe
that a person or premises required to be licensed or
registeredpermitted under the Kansas
pet animal dealer act has failed to comply
with or has violated any provision of the Kansas pet animal
dealer act or any rule and regulation adopted
hereunder and that the health, safety or welfare of animals in such
person's possession, custody or care is endangered thereby, the
commissioner shall seize and impound such animals using emergency
adjudicative proceedings in accordance with the Kansas ad-
ministrative procedure act. Except as provided by K.S.A. 21-4311,
and amendments thereto, such animals may be returned to the person
owning them if there is satisfactory evidence that the animals will
receive ade- quate care by that person or such animals may be sold,
placed or euthan- ized, at the discretion of the commissioner.
Costs of care and services for such animals while seized and
impounded shall be paid by the person from whom the animals were
seized and impounded, if that person is found to be in violation of
the Kansas pet animal dealer act or any
rules and regulations adopted hereunder. Such funds shall be paid
to the com- missioner for reimbursement of care and services
provided during seizure and impoundment. If such person is not
found to be in violation of the Kansas pet animal
dealer act or any rules and regulations adopted
hereunder, the commissioner shall pay the costs of care and
services pro- vided during seizure and impoundment.

Sec./007006/K.S.A. 47-1709 is hereby amended to read as follows:
47- 1709. (a) The commissioner or the commissioner's authorized,
trained representatives shall make an inspection of the premises
for which an application for an original license or permit
is made under K.S.A. 47-1701 et seq., and amendments thereto,
before issuance of such license or per- mit. The application
for a license shall conclusively be deemed to be the consent of the
applicant to the right of entry and inspection of the prem- ises
sought to be licensed or permitted by the commissioner or
the com- missioner's authorized, trained representatives at
reasonable times with the owner or owner's representative present.
Refusal of such entry and inspection shall be grounds for denial of
the license or permit. Notice need not be given to any
person prior to inspection.

(b) The commissioner or the commissioner's authorized, trained
rep- resentatives shallmay make an
inspection of each premises for which a license or permit
has been issued under K.S.A. 47-1701 et seq., and amendments
thereto. If such premises are premises of a person licensed or
permitted under public law 91-579 (7 U.S.C. (section) 2131 et
seq.), such premises shallmay be inspected
at least once each year. Otherwise, the premises
shallmay be inspected at least twice each
year. The acceptance of a license or permit shall
conclusively be deemed to be the consent of the licensee or
permittee to the right of entry and inspection of the li-
censed or permitted premises by the commissioner or the
commissioner's authorized, trained representatives at reasonable
times with the owner or owner's representative present. Refusal of
such entry and inspection shall be grounds for suspension or
revocation of the license or permit. Notice need not be
given to any person prior to inspection.

(c) The commissioner or the commissioner's authorized, trained
rep- resentatives shall make inspections of the premises of a
person required to be licensed or registeredpermitted under K.S.A. 47-1701 et seq., and amendments
thereto, upon a determination by the commissioner that there are
reasonable grounds to believe that the person is violating the
provisions of K.S.A 47-1701 et seq., and amendments thereto, or
rules and regulations adopted thereunder or that there are grounds
for sus- pension or revocation of such person's license or
certificate of registrationpermit.

(d) Any complaint filed with the commissioner shall be
confidential and shall not be released to any person other than
employees of the commissioner as necessary to carry out the duties
of their employment.

(e) Any person making inspections under this section shall be
trained by the commissioner in reasonable standards of animal
care.

(f) The commissioner may request a licensed veterinarian to
assist in any inspection or investigation made by the commissioner
or the com- missioner's authorized representative under this
section.

(g) Any person acting as the commissioner's authorized
representa- tive for purposes of making inspections and conducting
investigations under this section who knowingly falsifies the
results or findings of any inspection or investigation or who
intentionally fails or refuses to make an inspection or conduct an
investigation pursuant to this section shall be guilty of a class A
nonperson misdemeanor.

(h) No person shall act as the commissioner's authorized
represen- tative for the purposes of making inspections and
conducting investiga- tions under this section if such person has a
beneficial interest in a person required to be licensed or
registeredpermitted pursuant to K.S.A. 47-
1701 et seq., and amendments thereto.

(i) Records of inspections pursuant to this section shall be
maintained in the office of the Kansas animal health department.
Records of a defi- ciency or violation shall not be maintained for
longer than three years after the deficiency or violation is
remedied.

Sec./007006/K.S.A. 1995 Supp. 47-1710 is hereby amended to read
as follows: 47-1710. (a) The governing body of a political
subdivision regu- lating the operation of a pound shall determine
the method of disposition of any animal released from such pound.
Any proceeds derived from the sale or other disposition of such
animals shall be paid directly to the treasurer of the political
subdivision, and no part of such proceeds shall accrue to any
individual.

(b) The board of directors of any incorporated humane society
op- erating an animal shelter as a pound, under contract with a
municipality, shall determine the method of disposition of any
animal released from its animal shelter. Any proceeds derived from
such sale or disposition shall be paid directly to the treasurer of
the humane society and no part of such proceeds shall accrue to any
individual.

(c) The board of directors of any incorporated no-kill
shelter oper- ating a no-kill shelter as a pound, under contract
with a municipality, shall determine the method of disposition of
any animal released from its no- kill shelter. Any proceeds derived
from such sale or disposition shall be paid directly to the
treasurer of the no-kill shelter and no part of such proceeds shall
accrue to any individual.

(d)(c) An animal shall not be disposed
of by an animal dealer operator of a
pound, operator of a no-kill shelter as a pound or
operator of an animal shelter as a pound until after expiration of
a minimum of three full days of custody during which the
public has clear access to inspect orand
recover the animal through time periods ordinarily accepted as
usual business hours. During such time of custody, any owner or
operator of such facility shall attempt to notify the owner or
custodian of any animal maintained or impounded by such facility if
such owner or custodian is known or reasonably ascertainable. Such
an animal may at any time be released to the legal owner, moved to
a veterinary hospital for treatment or observation, released in any
manner, if such animal was a gift animal to an animal shelter, or
euthanized by a duly incorporated humane society or by a licensed
veterinarian if it appears to an officer of such humane society or
to such veterinarian that the animal is diseased or disabled beyond
recovery for any useful purpose.

Sec./007006/K.S.A. 47-1711 is hereby amended to read as follows:
47- 1711. A dog wardenAn animal control
officer shall not be granted an animal
dealer'sdistributor's, retail breeder's, hobby
breeder's or a pet shop operator's license. Each application
for an animal dealer's license or a pet shop
operator'sany such license shall include a
statement that nei- ther the applicant nor any of
histhe applicant's employees is a
dog wardenan animal control officer. A dog
wardenAn animal control officer, upon taking
custody of any animal in the course of hissuch
officer's official duties, shall immediately make a record
which shall include the color, breed, sex, approximate weight and
other description of the animal, the reason for seizure, the
location of seizure, the owner's name and address, if known, the
animal license number, and any other identification num- ber.
Complete information relating to the disposition of the animal
shall be shown on the record; this shall be added immediately
following the disposition of the animal.

Sec./007006/K.S.A. 1995 Supp. 47-1712 is hereby amended to read
as follows: 47-1712. (a) The commissioner is hereby authorized to
adopt rules and regulations for hobby kennels, kennel
operators, pounds, no- kill shelters, animal shelters, pet shops
and research facilitieslicensees and permittees.
Such rules and regulations shall include, but not be lim- ited to,
provisions relating to: (1) Reasonable treatment of animals in the
possession, custody or care of a licensee or
registrantpermittee or being transported
to or from licensed or registeredpermitted
premises; (2) a requirement that each licensee and
registrantpermittee file with the com-
missioner evidence that animals entering or leaving the state are
free from any visible symptoms of communicable disease; (3)
identification of ani- mals handled; (4) primary enclosures; (5)
housing facilities; (6) sanitation; (7) euthanasia; (8) ambient
temperatures; (9) feeding; (10) watering; (11) adequate veterinary
medical care; (12) inspections of licensed or regis-
teredpermitted premises, investigations of
complaints and training of persons conducting such inspections and
investigations; and (13) a re- quirement that each licensee or
permittee keep and maintain, for inspec- tion by the
commission, such records as necessary to administer and en- force
the provisions of the Kansas pet animal
dealer act.

(b) The commissioner shall only adopt as rules and regulations
for animal dealers and animal dealerUnited
States department of agriculture licensed animal distributors and
animal breeders, and animal distributor and animal breeder
premises the rules and regulations promulgated by the secretary of
the United States department of agriculture, cited at 9 C.F.R. 3.1
through 3.12, pursuant to the provisions of the United States
public law 91-579 (7 U.S.C. (section) 2131 et seq.), commonly known
as the animal welfare act and.

(c) Notwithstanding any provision in subsection (b), the
commis- sioner may adopt a requirement that each animal
dealerlicensee and permittee file with the
commissioner evidence that animals entering or leaving the state
are free from any visible symptoms of communicable disease.

Sec./007006/K.S.A. 47-1713 is hereby amended to read as follows:
47- 1713. The commissioner may prohibit the sale or gift
within the state of animals or exotic pet
animals which constitute a hazard to human health or
safety or to animal health or safety.

Any animal or exotic pet animal sold by a pet shop
operator licensed pursuant to the provisions of this act shall be
accompanied by a written instrument issued by such pet shop
operator on a form prescribed by the commissioner certifying that
such animal is in sound health.

Sec./007006/K.S.A. 47-1715 is hereby amended to read as follows:
47- 1715. (a) Any violation of or failure to comply with any
provision of the Kansas pet animal dealer
act, or any rule and regulation adopted here- under, shall
constitute a class A nonperson misdemeanor. Continued oper-
[chation, after a conviction, shall constitute a separate offense
for each day of operation.

(b) Upon a conviction of a person for any violation of the
Kansas pet animal dealer act, or any rule
and regulation adopted hereunder, the court shall order the
commissioner to seize and impound any animals in the convicted
person's possession, custody or care if there are reasonable
grounds to believe that the animals' health, safety or welfare is
endan- gered. Except as provided by K.S.A. 21-4311, and amendments
thereto, such animals may be returned to the person owning them if
there is satisfactory evidence that the animals will receive
adequate care by that person or such animals may be sold, placed or
euthanized, at the discre- tion of the commissioner. Costs of care
and services for such animals while seized and impounded shall be
paid by the convicted person. Such funds shall be paid to the
commissioner for reimbursement of care and services provided during
seizure and impoundment. If the person is not convicted, the
commissioner shall pay the costs of care and services pro- vided
during seizure and impoundment.

Sec./007006/K.S.A. 47-1718 is hereby amended to read as follows:
47- 1718. (a) No animal shall be euthanized by any dog
wardenanimal control officer, licensee, permittee,
officer of an animal shelter or officer of a pound by any means,
method, agent or device, or in any way, except as
follows:

(1) By administration of sodium pentobarbital, or any
other barbitu- rate, or a euthanasia solution marketed under the
trade name T-61, by any of the following methods and under the
following conditions:

(A) Intravenous or intra-cardial injection of a lethal
solution;

(B) oral ingestion by animals of powdered sodium
pentobarbital in capsules mixed with food, with the animal
remaining in its individual cage until dead (suited for use with
vicious or intractable animals);

(C) intraperitoneal or intra-cardial injection in
animals when location of and injection into the vein is difficult
or impossible;

(D) use of an undamaged hypodermic needle of a size
suitable for the size and species of animal;

(E) administration to be only by or under the
supervision of a licensed veterinarian.

(2) By the use of carbon monoxide gas administered in a
tightly-en- closed chamber equipped with:

(A) Internal lighting and viewport providing direct
visual observation of any animal within the chamber;

(B) a gas generation process adequate to achieve a
carbon monoxide gas concentration throughout the chamber of at
least five percent (5%) within five (5) minutes after any animal is
placed in the chamber;

(C) a suitable gauge or gas concentration indicator or
recording de- vice making possible easy and instantaneous visual
determination of the carbon monoxide concentration in the
chamber;

(D) a means of cooling the gas, if from an internal
combustion gas- oline engine, to a temperature not exceeding one
hundred fifteen (115) degrees fahrenheit at point of entry into the
chamber and to one hundred (100) degrees at any point within the
chamber, as determined by tem- perature gauges permanently
installed at point of entry and inside the chamber;

(E) means of removing or filtering out all noxious
fumes, irritating acids and carbon particles from the gas before it
enters the chamber;

(F) if an internal combustion engine is used for gas
generation, a means of substantially deadening the sound and
vibration transmission from the engine to the chamber, by placing
them in separate rooms or soundproof compartments and connecting
them with a flexible tubing or pipe at least twenty-four (24)
inches in length, so that the noise level within the chamber shall
not exceed seventy (70) dBA;

(G) a means of keeping the animals in the chamber in
separate com- partments, except that young animals from the same
litter may be placed in a single compartment with their female
parent;

(H) an exhaust fan connected by a gas-tight duct to the
outdoors, capable of completely evacuating the gas from the chamber
before it is opened after each use, for the protection of
personnel.

(3) Animals under six months of age, may be euthanized
with chlo- roform, or with a mixture of chloroform and carbon
dioxide by a means approved in writing by any licensed veterinarian
after inspecting the equipment and method, provided the following
requirements are ob- served:

(A) The animal to be euthanized must be placed in an
individual cage or compartment in a small chamber or box having a
tight seal, or in a transparent trash bag which can be closed tight
after introduction of the chloroform;

(B) the chloroform, with the dose sufficient to
euthanize the size of animal, shall be placed on a paper towel,
piece of gauze or ball of cotton, and inserted into the chamber or
bag in such a position that the animal shall not be able to come in
direct contact with it;

(C) the chamber or box, if used, must have a viewport
sufficient to permit unobstructed observation of the animal until
dead;

(D) the animal must remain in the chamber or bag until
rigor mortis has set in;

(E) the room in which the chloroform is administered
must have forced ventilation to remove all fumes after each use,
for the protection of personnel;

(F) if a mixture of chloroform and carbon dioxide is
used, the carbon dioxide shall be from a cylinder of
commercially-produced gas, with the gas introduced into the chamber
immediately after introduction of the chloroform through a valve
which produces only a minimum of noise and permits rapid
distribution within the box, with an air vent at the top of the
chamber to permit exit of displaced air.

(4) By shooting, or use of a captive-bolt pistol,
provided all of the following requirements are met:

(A) The animal is restrained in a humane manner so as to
make pos- sible an accurate shot without the animal becoming unduly
agitated;

(B) a weapon and ammunition of suitable caliber and
other charac- teristics are used so as to produce death with a
single shot to the brain, with the bullet entering the skull at a
point approximately at the point where two lines drawn diagonally
from each eye to the back of the op- posite ear cross;

(C) adequate precautions are taken to avoid danger to
other animals and to personnel by ricocheting bullets;

(D) a captive-bolt pistol may be substituted for gun and
ammunition, to provide instantaneous unconsciousness by penetration
of the skull and brain, to be followed by any suitable method of
producing death if the animal is not dead as a result of such
penetrationthrough the most cur- rent, approved
euthanasia methods established by the American veteri- nary medical
association panel on euthanasia.

(b) This section shall be part of and supplemental to article 17
of chapter 47 of the Kansas Statutes Annotated.

Sec. 19. K.S.A. 47-1719 is hereby amended to read as follows:
47- 1719. (a) On and after January 1, 1989, It
shall be unlawful for any person to act as or be a hobby
kennel operatorbreeder unless such person
has obtained from the commissioner a hobby kennel operator
certificate of registrationbreeder license.
Application for such certificatelicense
shall be made in writing on a form provided by the commissioner.
The regis- trationlicense period shall be
for the registrationlicense year ending on
June 30 following the issuance date.

(b) This section shall be part of and supplemental to K.S.A.
47-1701 et seq. and amendments thereto.

Sec. 20. K.S.A. 47-1720 is hereby amended to read as follows:
47- 1720. (a) On and after January 1, 1989, It
shall be unlawful for any person to operate a research facility
unless such person has obtained from the commissioner a research
facility license. Application for such license shall be made in
writing on a form provided by the commissioner. The license period
shall be for the license year ending on June 30 following the is-
suance date.

(b) This section shall be part of and supplemental to K.S.A.
47-1701 et seq. and amendments thereto.

Sec. 21. K.S.A. 47-1721 is hereby amended to read as follows:
47- 1721. (a) Each application for issuance or renewal of a license
or certifi- cate of registrationpermit
required under K.S.A. 47-1701 et seq. and amendments thereto
shall be accompanied by the fee prescribed by the commissioner
under this section. Such fees shall be as follows:

(1) Except as provided in paragraph (5), for a license
for premises of a person licensed under public law 91-579 (7 U.S.C.
(section) 2131 et seq.), an amount not to exceed $150.

(2) Except as provided in paragraph (5), for a license
for any other premises, an amount not to exceed $300.

(3) For a certificate of registration, an amount not to
exceed $75.

(3) For a temporary closing permit, an amount not to exceed
$75.

(4) For an out-of-state distributor permit, an amount not to
exceed $500.

(5) For a hobby breeder license or a kennel operator license
an amount not to exceed $75.

(6) A late fee of $50 shall be assessed to any person whose
permit or license renewal is more than 45 days' late.

(b) The commissioner shall determine annually the amount
necessary to carry out and enforce K.S.A. 47-1701 et seq.
and amendments thereto for the next ensuing fiscal year and shall
fix by rules and regulations the license and
registrationpermit fees for such year at
the amount necessary for that purpose, subject to the limitations
of this section. In fixing such fees, the commissioner may
establish categories of licenses and registra-
tionspermits, based upon the type of license or
registrationpermit, size of the licensed
or registeredpermitted business or
activity and the prem- ises where such business or activity is
conducted, and may establish dif- ferent fees for each such
category. The fees in effect immediately prior to the effective
date of this act shall continue in effect until different fees are
fixed by the commissioner as provided by this subsection.

(c) If a licensee, registrantpermittee
or applicant for a license or registrationpermit requests an inspection of the premises of such li-
censee, registrantpermittee or applicant,
the commissioner shall assess the costs of such inspection, as
established by rules and regulations of the commissioner, to such
licensee, registrantpermittee or
applicant.

(d) No fee or assessment required pursuant to this section shall
be refundable.

(e) The commissioner shall remit all moneys received by or for
the commissioner under this section to the state treasurer at least
monthly. Upon receipt of each such remittance, the state treasurer
shall deposit the entire amount in the state treasury and shall
credit it to the animal dealers fee fund, which is hereby created
in the state treasury. Moneys in the animal dealers fee fund may be
expended only to administer and enforce K.S.A. 47-1701 et
seq., and amendments thereto. All expenditures from the animal
dealers fee fund shall be made in accordance with ap- propriation
acts upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the Kansas livestock commis-
sioner or the commissioner's designee.

(f) Premises required to be licensed under the Kansas pet
animal act shall not be required to pay for more than one license.
If more than one operation is ongoing at the premises, each
operation shall comply with the applicable statutes and rules and
regulations pertaining to such op- eration.

(g) Except as provided further, when a premises required to
be li- censed or permitted under the Kansas pet animal act applies
for an initial license or permit, the commissioner shall prorate to
the nearest whole month the license or permit fee established in
subsection (a). The com- missioner shall have discretion to
determine whether the application is an initial application or an
application for a premises which has been doing business but is not
licensed or permitted. If the commissioner determines the premises
has been doing business without a license or permit, the
commissioner is not required to prorate the fee.

(f)(h) This section shall be part of
and supplemental to K.S.A. 47- 1701 et seq. and amendments
thereto.

Sec. 22. K.S.A. 47-1723 is hereby amended to read as follows:
47- 1723. (a) On and after June 30, 1991, It shall
be unlawful for any person, except a licensed veterinarian, to act
as or be a kennel operator unless such person has obtained from the
commissioner a kennel operator cer- tificate of
registrationlicense for each premises operated by
such person. Application for such certificatelicense shall be made in writing on a form provided by the
commissioner. The registrationlicense
period shall be for the registrationlicense year ending on June 30 following the issuance
date.

(b) This section shall be part of and supplemental to K.S.A.
47-1701 et seq., and amendments thereto.

Sec. 23. K.S.A. 47-1724 is hereby amended to read as follows:
47- 1724. (a) It shall be unlawful for any person to
knowingly purchase a dog or a cat for the purpose of resale to
another from a person required to be licensed or
registeredpermitted under public law
91-579, 7 U.S.C. (section) 2131 et seq., or K.S.A. 47-1701
et seq., and amendments thereto, or both, if that person is
not so licensed or registeredpermitted.

(b) It shall be unlawful for licensees to knowingly sell to
out-of-state distributors, animal distributors or pet shops
operating within the state who are not permitted or licensed in
accordance with the Kansas pet animal act.

Sec. 24. K.S.A. 47-1725 is hereby amended to read as follows:
47- 1725. (a) There is hereby created the Kansas
companionpet animal ad- visory board,
consisting of nine10 members. Members
shall be appointed by the governor as follows:

(1) One member shall be a representative of the Kansas
federation of humane societiesa licensed animal
shelter or pound;

(2) one member shall be an employee of a licensed
research facility licensed under K.S.A. 47-1720, and
amendments thereto;

(3) one member shall be a companionlicensed animal breeder, ac- tively engaged in the
breeding of companion animals, licensed under the Kansas animal
dealer act and shall be selected from a list of three names
presented to the governor by the American professional pet
distributors, inc.;

(4) one member shall be a companionlicensedanimal broker, actively engaged in buying
and selling companion animals, licensed under the Kansas animal
dealer act and shall be selected from a list of three names
presented to the governor by the American professional pet
distributors, inc.retail breeder;

(5) one member shall be a licensed pet shop
operator, licensed under the Kansas animal dealer act and
shall be selected from a list of three names presented to the
governor by the pet industry joint advisory coun- cil;

(6) one member shall be a licensed veterinarian and shall be
selected from a list of three names presented to the governor by
the Kansas vet- erinary medical association;

(7) one member shall be a private citizen with no link to the
industry;

(8) one member shall be a companionlicensed animal breeder, ac- tively engaged in the
breeding of companion animals, or a companion animal broker,
actively engaged in buying and selling companion animals, licensed
under the Kansas animal dealer act and shall not be affiliated with
an organized companion animal associationdistributor; and

(9) one member shall be a licensed hobby kennel
operator, registered under the Kansas animal dealer act.breeder; and

(10) one member shall be a licensed kennel operator.

(b) Of the members first appointed to the board, the governor
shall designate three whose terms shall expire June 30, 1992; three
whose terms shall expire June 30, 1993; and three whose terms shall
expire June 30, 1994. After the expiration of such terms, each
member shall be ap- pointed for a term of three years and until a
successor is appointed and qualified.

(c) A vacancy on the board of a member shall be filled for the
unex- pired term by appointment by the governor.

(d) The board shall meet at least once every calendar quarter
regu- larly or at such other times as the chairperson or a majority
of the board members determine. A majority of the members shall
constitute a quo- rum for conducting board business.

(e) The members of the board shall annually elect a
chairperson.

(f) The board shall have the following duties, authorities and
powers:

(1) To advise the Kansas livestock commissioner on hiring a
director to implement the Kansas pet animal
dealer act;

(2) to review the status of the Kansas pet animal
dealer act;

(3) to make recommendations on changes to the Kansas pet
animal dealer act; and

(4) to make recommendations concerning the rules and regulations
for the Kansas pet animal dealer act.

(g) Board members who are required to be licensed except
retail breeders shall be affiliated with or a member of an
organized pet animal association which is representative of the
position such person will hold on the board.

(h) Upon the effective date of this act, the governor shall
appoint a licensed kennel operator. When the current board members'
terms expire, the governor shall appoint persons or representatives
in accordance with this section.

Sec. 25. K.S.A. 47-1726 is hereby amended to read as follows:
47- 1726. K.S.A. 47-1701 through 47-1722 and47-1721, K.S.A. 47-1723 through 47-1727, 47-1731, and
sections 1 through 5 and amendments thereto, shall be known and
may be cited as the Kansas pet animal
dealers act. This act shall license,
registerpermit and regulate the conditions
of certain premises and facilities within the state of Kansas where
animals are maintained, sold or offered or maintained for sale.

Sec. 26. K.S.A. 47-1727 is hereby amended to read as follows:
47- 1727. Notwithstanding the existence or pursuit of any other
remedy, when it appears to the commissioner, as head of the
licensing and reg- isteringpermitting
agency, that any person is violating any provisions of the Kansas
pet animal dealer act, the commissioner may
in that capacity bring an action in a court of competent
jurisdiction or other process against such person to enjoin,
restrain or prevent such person from con- tinuing operation in
violation of the Kansas pet animal dealer
act without regard to whether administrative proceedings have been
or may be in- stituted or whether criminal proceedings may be or
have been instituted.

Sec. 27. K.S.A. 1995 Supp. 47-1731 is hereby amended to read as
follows: 47-1731. (a) No dog or cat may be released for adoption
from any pound, no-kill shelter or animal shelter,
as defined by K.S.A. 47-1701 and amendments thereto, or from any
duly incorporated humane society, unless:

(1) Such dog or cat has been first surgically spayed or
neutered; or

(2) the adopting party signs an agreement to have the dog or cat
spayed or neutered and deposits with the pound, no-kill
shelter or animal shelter funds sufficient to ensure that
the dog or cat will be sterilized. Any funds deposited pursuant to
such an agreement shall be refunded to the adopting party upon
presentation of a written statement signed by a licensed
veterinarian that the adopted dog or cat has been spayed or
neutered.

(b) No person shall spay or neuter any dog or cat for or on
behalf of a pound, no-kill shelter, animal shelter
or humane society unless such person is a licensed veterinarian or
a student currently enrolled in the college of veterinary medicine,
Kansas state university, who has com- pleted at least two years of
study in the veterinary medical curriculum and is participating in
a spay or neuter program as part of the curriculum under the direct
supervision of a licensed veterinarian who is a faculty member at
the Kansas state university veterinary medical center. The spay or
neuter program shall only be conducted at the surgery clinic at the
Kansas state university medical center in Manhattan, Kansas. No
pound, no-kill shelter, animal shelter or humane
society shall designate the vet- erinarian which a person must use,
or a list from which a person must select a veterinarian, to spay
or neuter a dog or cat adopted by such person from such pound,
no-kill shelter, animal shelter or society, nor
shall such pound, no-kill shelter, animal shelter
or society in any way penalize a person for such person's selection
of a veterinarian to spay or neuter a dog or cat adopted from such
pound, no-kill shelter, animal shelter or
society.

(c) Nothing in this section shall be construed to require
sterilization of a dog or cat which is being held by a
pound, no-kill shelter or animal shelter and which
may be claimed by its rightful owner.

New Sec. 28. If any provision of this act or the application
thereof to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the
act which can be given effect with- out the invalid provision or
application, and to this end the provisions of this act are
severable.